Cutting Your Losses – A Landlord’s Duty to Mitigate
November 9th, 2008 | 
Author: A landlord has a duty to mitigate damages when a tenant abandons the tenancy or is evicted. Crown Plaza v. Synapse Software, 87 Wn. App. 495 (1997); Exeter Co. v. Samuel Martin, Ltd., 5 Wn.2d 244, 249, 105 P.2d 83 (1940); RCW 59.18.310.
Because of the duty to mitigate damages courts in unlawful detainer cases generally find future rent damages too speculative and only award such damages through the date judgment is entered.
Damages for lost rent can be pursued in a subsequent action provided the landlord can show reasonable efforts at mitigation. This may include classified ads, craigslist, and/or “for rent” signs.
Posted in Washington Landlord Tenant Law
